Gritz v. Lott — 296 A.D.2d 410

Majority

p. 410

In the Matter of Henry Gritz, Petitioner, v Plummer E. Lott, as Justice of the Supreme Court of the State of New York, et al., Respondents.

[745 NYS2d 462]

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent Plummer E. Lott, a Justice of the Supreme Court, Kings County, to direct the New York City Department of Probation to prepare a probation report in connection with the petitioner’s application for a certificate of relief from disabilities pursuant to Correction Law § 702.

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

The extraordinary remedy of mandamus will lie only to compel the performance of a ministerial act and only when there exists a clear legal right to the relief sought (see Matter of Legal Aid Socy. of Sullivan County v Scheinman, 53 NY2d 12 , 16). The petitioner has failed to demonstrate a clear legal right to the relief sought. O’Brien, J.P., Friedmann, McGinity and H. .Miller, JJ., concur.

Cases cited

Legal Aid Society of Sullivan County, Inc. v. Scheinman 53 NY2d 12 N.Y. 1981-05-12 at 16 p. 410

Statutes and regulations cited

Correction Law p. 410